Also known as: portio legitimae · legitima portio · legitime · forced heirship portion · reserved portion
Written by attorneys · grounded in primary & secondary sources — see below
A share of a decedent's estate that civil law requires to be reserved for close relatives. The testator cannot deprive the heir of this share without special cause.
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Pierre Poulin's will left his entire estate to a charity. His daughter challenged the will in a civil law jurisdiction. The court awarded her the portio legitima because the testator lacked special cause to disinherit her.
Pablo Perez executed a will directing all assets to his spouse and excluding his son. The son invoked his forced share. The probate court set aside the exclusion and directed distribution of the required portion to the son.
It reserves a fixed portion of the estate for close relatives that the testator cannot eliminate without legal cause.
Portio legitima identifies the lawful portion itself while legitime names the same forced share under civil codes such as Louisiana's.
Only upon proof of special cause recognized by law. Absent that showing the heir receives the share regardless of the will's terms.